Commercial Terms and Conditions
Commercial Terms and Conditions
Commercial Terms and Conditions
for the sale of goods from the e-shop at: http://eshop.fulgur.cz/
1.1. The Commercial Terms and Conditions of FULGUR, spol. s r.o., having its registered office at Svitavská 39, Brno, Postcode 614 00, entered in the Commercial Register maintained at the Regional Court in Brno, file C 2067, (hereinafter referred to as the “Seller”), regulate, in accordance with the provisions of Act No 89/2012 (hereinafter referred to as the “Civil Code”), the mutual rights and obligations of the Contracting Parties established in connection with, or pursuant to, a contract of purchase entered into by and between the Seller and another natural person (hereinafter referred to as the “Buyer”) via the e-shop of the Seller at http://eshop.fulgurbattman.cz/ (hereinafter referred to as the “Website”) by way of web interface. The Commercial Terms and Conditions do not apply to cases in which the Buyer is a legal entity or a party that is acting within the bounds of its business activity or within the bounds of self-employed activity when ordering goods.
1.2. The provisions of the Commercial Terms and Conditions constitute an inseparable part of the contract of purchase. The contract of purchase and the Commercial Terms and Conditions are laid down in Czech.
1.3. The Seller may amend or supplement the wording of the Commercial Terms and Conditions. This provision shall be without prejudice to rights and obligations established during the term of effect of the prior wording of the Commercial Terms and Conditions.
2. User Account
2.1. After registration by the Buyer, when the Buyer registers at the Website, the Buyer may access its user interface, from which it may order goods (hereinafter referred to as the “User Account”). Registration for the FULGUR, spol. s r.o. e-shop is not mandatory; goods may be ordered without registration, directly from e-shop web interface. However, only registered customers may enjoy certain benefits, for example monitoring the status of an order, using discount vouchers, receiving news and information about discounts, and other benefits.
2.2. The Buyer must provide all information accurately and truthfully when registering at the Website and when ordering goods without registering. The Buyer must update the information stated in the User Account in the case of any change.
2.3. Access to the User Account is secured by way of user name and password. The Buyer must maintain confidentiality with regard to the information required to access its User Account. The Buyer may not allow third parties to use its User Account.
2.4. The Seller may cancel a User Account, particularly in the case that the Buyer does not use its User Account for longer than 36 months or in the case that the Buyer is in breach of its obligations from the contract of purchase (and the Commercial Terms and Conditions).
2.5. The Buyer is aware that the User Account might not be accessible at all times, primarily as a result of faults or system maintenance.
3. Entering into a contract of purchase
3.1. All presentations of goods on web interface are informative in nature and the Seller is not obliged to enter into a contract of purchase with regard to such goods.
3.2. E-shop web interface provides information about the goods, including the prices of individual goods. The prices of goods are stated inclusive of VAT and all associated charges. The prices of goods are valid at the time they are shown in e-shop web interface. This provision does not restrict the ability of the Seller to enter into a contract of purchase in a different way.
3.3. Web interface also provides information about the costs associated with the postage and packaging charges for goods. Prices are stated for goods which are delivered within the Czech Republic and separately for the territories of other countries. The conversion of the prices of goods in the case of deliveries outside the Czech Republic, within the EU, is calculated using the monthly EUR exchange rate set according to accounting regulations.
3.4. To order goods, the Buyer completes the order form in e-shop web interface. Before submitting the order, the Buyer is allowed to check and change the information which it has entered (correct errors). The Buyer submits an order by clicking on “ZÁVAZNĚ OBJEDNAT” (SUBMIT BINDING ORDER). The information stated in the order is considered by the Seller to be correct. The Seller sends confirmation to the Buyer of having received the order without delay after receiving the order; such confirmation is sent to the e-mail address of the Buyer stated in user interface or in the order form.
3.5. The Buyer consents to the use of remote means of communication in entering into a contract of purchase.
4. The price of the goods and the terms and conditions of payment
4.1. The Buyer may pay the Seller the price of the goods and the costs associated with the delivery of goods within the Czech Republic according to a contract of purchase in the following ways:
- cash-on-delivery at the place specified by the Buyer in the order form;
- in cash or by payment card when the Buyer collects the goods at the designated sales outlets of the Seller in person. The collection of ordered goods in person at the sales outlets of the company is only possible in the case that the order submitted expressly states the sales outlet from which the goods will be collected. Another condition is that there is a sufficient quantity of the required goods at the selected sales outlet. An order with collection in person cannot be placed if such goods are not available at the selected collection point (sales outlet). An order with collection in person is valid for a maximum of 96 hours after making such an order. The order is automatically cancelled once this time limit expires.
- by way of credit transfer into an account based on a prepayment invoice, if the Buyer requests as such in the order form.
4.2. Together with the purchase price, the Buyer must also pay the Seller the costs associated with the postage and packaging of goods in the contractual amount. Unless stated otherwise, the purchase price shall hereinafter also mean the costs associated with the delivery of goods. We do not charge postage for deliveries within the Czech Republic on orders of CZK 2,000 and over, not including VAT. The Buyer must always pay the costs associated with the delivery of goods for deliveries to other countries.
4.3. In the case of credit payment, the obligation of the Buyer to pay the purchase price has been satisfied at the instant at which the whole amount is credited to the account of the Seller.
4.4. The Buyer may pay the Seller the price of the goods and the costs associated with the delivery of goods to a country other than the Czech Republic according to a contract of purchase in the following ways:
- cash-on-delivery in EUR at the place specified by the Buyer in the order form, in that the price of delivery by way of cash-on-delivery is part of the price. The price of cash-on-delivery for deliveries to the Slovak Republic is set at EUR 13.
4.5. The price stated for the costs associated with carriage to a country other than the Czech Republic is valid for consignments of up to 30 kg. An individual price shall be set according to the valid price list of the carrier for consignments of over 30 kg.
5. Withdrawal from a contract of purchase
5.1. The Buyer is aware that, according to the provisions of paragraph 1837 of the Civil Code, it is not possible, inter alia, to withdraw from a contract of purchase for the supply of goods which has been arranged according to the wishes of the buyer or for its person.
5.2. Unless a case specified in Article 5.1, or another case in which it is not possible to withdraw from a contract of purchase, the Buyer may, in accordance with the provisions of Section 1829(1) of the Civil Code, withdraw from a contract of purchase within fourteen (14) days of receiving the goods, whereby in the case that the contract of purchase concerns several types of goods or a delivery of several parts, this time limit commences on the date of receiving the final delivery of goods. Withdrawal from a contract of purchase must be sent to the Seller within the time limit specified in the preceding sentence. The Buyer may send withdrawal from a contract of purchase, inter alia, to the address of the premises of the Seller or to the e-mail address of the Seller.
5.3. In the case of withdrawal from a contract of purchase according to Article 5.2 of the Commercial Terms and Conditions, the contract of purchase is dissolved ad initio. The goods must be returned to the Seller within fourteen (14) days of the date of withdrawal from the contract, as delivered to the Seller. Should the Buyer withdraw from a contract of purchase, the Buyer shall cover the costs associated with returning the goods to the Seller, even in the case that the goods cannot be returned by standard postal means as a result of their nature.
5.4. In the case of withdrawal from a contract according to Article 5.2 of the Commercial Terms and Conditions, the Seller shall return monies received from the Buyer within fourteen (14) days of withdrawal by the Buyer from the contract of purchase, this in the same way as the Seller received such monies from the Buyer. The Seller may also return payment provided by the Buyer when the Buyer returns goods, or in another way, if the Buyer consents to this and the Buyer does not incur any further costs as a result. Should the Buyer withdraw from a contract of purchase, the Seller is not obliged to return received monies to the Seller before the Buyer returns the goods to the Seller or proves that it has sent the goods to the Seller
5.5. If a gift is provided to the Buyer together with the goods, the contract of donation between the Seller and the Buyer is entered into with a cancellation condition to the effect that should the Buyer withdraw from the contract of purchase, the contract of donation shall become ineffective with regard to such a gift and the Buyer is obliged to return the provided gift to the Seller together with the goods.
6. The carriage and delivery of goods
6.1. If the method of carriage is agreed based on a special requirement by the Buyer, the Buyer bears the risk and any additional costs associated with such method of carriage.
6.2. If, according to the contract of purchase, the Seller is obliged to deliver goods to a place specified by the Buyer in the order, the Buyer must receive the goods upon delivery.
6.3. When receiving goods from a carrier, the Buyer must check that the packaging of the goods is intact and, in the case of any defects, report these to the carrier without delay. If the Buyer identifies a breakage to the packaging which testifies to unauthorised entry to the consignment, or identifies deformation to the packaging, the Buyer need not accept the consignment from the carrier.
6.4. Car batteries may not be ordered via the e-shop in any way other than with collection in person. WE NEVER SEND car batteries.
7. Rights arising from defective performance
7.1. The rights and obligations of the Contracting Parties arising from defective performance are governed by the relevant generally binding regulations (in particular by the provisions of Section 1914 through 1925, Section 2099 through 2117 and Section 2161 through 2174 of the Civil Code).
7.2. The Seller is liable to the Buyer for goods being faultless when received by the Buyer. The Seller is primarily liable to the Buyer for the fact that, at the time when the Buyer receives the goods:
-the goods have the properties which the Contracting Parties agreed and, if there is no such agreement, such properties which the Seller or the manufacturer described or which the Buyer expected with regard to the nature of the goods and based on the advertising of the Seller or the manufacturer;
-the goods are suitable for the purpose which the Seller states for their use or for which goods of this kind are normally used;
-the goods correspond, in terms of quality or execution, to the agreed sample or model, if quality or execution was specified according to an agreed sample or model;
-the goods arrive in the corresponding quantity, measurement or weight;
-the goods comply with the requirements of legal regulations.
7.3. The provisions laid down in Article 7.2 of the Commercial Terms and Conditions do not apply to goods sold at a discounted price as a result of a defect for which such discounted price was agreed, to wear-and-tear of goods caused by their standard use, for used goods to a defect which the goods had when received by the Buyer which corresponds to the degree of usage or wear-and-tear, or if it ensues from the nature of the goods.
7.4. The Buyer exercises rights arising from defective performance with the Seller at the address of its premises, at which the receiving of a warranty claim is possible with regard to the range of goods sold, or at the registered office or the place of business. The time of making a warranty claim is considered the time at which the Seller receives the goods to which the warranty claim relates from the Buyer.
7.5. The further rights and obligations of the Contracting Parties associated with the liability of the Seller for defects may be governed by the warranty claim regulations of the Seller.
8. Other rights and obligations
8.1. The Buyer acquires the ownership of the goods by paying the full purchase price of the goods.
8.2. The Seller ensures the extra-judicial handling of consumer complaints at the following e-mail address: firstname.lastname@example.org. The Seller sends information about the handling of a complaint made by the Buyer to the e-mail address of the Buyer.
8.3. The Buyer hereby assumes the risk of a change of circumstances in accordance with Section 1765(2) of the Civil Code.
9. Personal data protection
9.1. Protection of the personal data of a Buyer that is a natural person is provided by Act No 101/1992, on personal data protection, as amended.
9.2. The Buyer consents to the fact that the following personal data shall be processed: first name and surname, address of place of residence, Company Number, Taxpayer Identification Number, e-mail address, telephone number and other information provided during registration or when ordering goods.
9.3. The Buyer consents to the fact that the Seller shall process personal data for the purposes of executing the rights and obligations arising from the contract of purchase and for the purposes of maintaining a User Account. Unless the Buyer chooses otherwise, the Buyer also consents to the processing of personal data by the Seller for the purposes of sending information and commercial communications to the Buyer.
9.4. Personal data shall be processed for an indeterminate period, in electronic format.
10. Sending commercial communications
10.1. The Buyer consents to being sent information connected with the goods, services or business of the Seller, to the e-mail address of the Buyer, and further consents to being sent commercial communications by the Seller to the e-mail address of the Buyer.
11. Final provisions
11.1. If any provision of the Commercial Terms and Conditions is invalid or ineffective, or becomes invalid or ineffective, a provision whose meaning is as close as possible to the invalid provision shall take the place of the invalid provision. The invalidity or ineffectiveness of one provision shall be without prejudice to the force of the other provisions. Amendments and additions to a contract of purchase or to the Commercial Terms and Conditions must be made in writing.
11.2. Contact to the Seller:
Delivery address: FULGUR spol. s r.o., Svitavská 39, 614 00 Brno
Company Number: 41601203
E-mail address: email@example.com
Telephone: +420 545 197 213